MPEP Section 800, Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting
Executive summary:
This document contains the chapter index for Chapter 800 ("Restriction in Applications Filed Under 35 U.S.C. 111; Double Patenting ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the main Section index to find a different chapter of the MPEP. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page. BitLaw also provides a key word index to the MPEP that can be directly accessed through the following list:
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801 Introduction
802 Basis for Practice in Statute and Rules
802.01 Meaning of "Independent" and "Distinct" [R-5]
802.02 Definition of Restriction [R-3]
803 Restriction - When Proper [R-3]
803.01 Review by Examiner with at Least Partial Signatory Authority [R-3]
803.02 Markush Claims [R-5]
803.03 Transitional Applications [R-3]
803.03(a) Transitional Application - Linking Claim Allowable [R-3]
803.03(b) Transitional Application - Generic Claim Allowable [R-3]
803.04 Nucleotide Sequences [R-3]
804 Definition of Double Patenting [R-5]
804.01 Prohibition of Double Patenting Rejections Under 35 U.S.C. 121 [R-3]
804.02 Avoiding a Double Patenting Rejection [R-3]
804.03 Commonly Owned Inventions of Different Inventive Entities ; Non-Commonly Owned Inventions Subject to a Joint Research Agreement [R-3]
804.04 Submission to Technology Center Director
805 Effect of Improper Joinder in Patent [R-3]
806 Determination of Distinctness or Independence of Claimed Inventions [R-3]
806.01 Compare Claimed Subject Matter [R-3]
806.03 Single Embodiment, Claims Defining Same Essential Features [R-3]
806.04 Genus and/or Species Inventions [R-3]
806.04(b) Species May Be Independent or Related Inventions [R-3]
806.04(d) Definition of a Generic Claim [R-3]
806.04(e) Claims Limited to Species [R-5]
806.04(f) Restriction Between Mutually Exclusive Species [R-3]
806.04(h) Species Must Be Patentably Distinct From Each Other [R-3]
806.04(i) Generic Claims Presented After Issue of Species [R-3]
806.05 Related Inventions [R-5]
806.05(a) Combination and Subcombination [R-3]
806.05(c) Criteria of Distinctness Between Combination and Subcombination [R-5]
806.05(d) Subcombinations Usable Together [R-5]
806.05(e) Process and Apparatus for Its Practice [R-5]
806.05(f) Process of Making and Product Made [R-5]
806.05(g) Apparatus and Product Made [R-3]
806.05(h) Product and Process of Using [R-3]
806.05(i) Product, Process of Making, and Process of Using [R-3]
806.05(j) Related Products; Related Processes [R-5]
806.06 Independent Inventions [R-5]
807 Patentability Report Practice Has No Effect on Restriction Practice
808 Reasons for Insisting Upon Restriction [R-3]
808.01 Reasons for Holding of Independence or Distinctness [R-3]
808.01(a) Species [R-5]
808.02 Establishing Burden [R-5]
809 Linking Claims [R-5]
809.02(a) Election of Species Required [R-3]
809.03 Restriction Between Linked Inventions [R-5]
810 Action on the Merits [R-3]
811 Time for Making Requirement [R-3]
811.02 New Requirement After Compliance With Preceding Requirement [R-3]
811.03 Repeating After Withdrawal Proper [R-3]
811.04 Proper Even Though Grouped Together in Parent Application
812 Who Should Make the Requirement [R-3]
812.01 Telephone Restriction Practice [R-3]
814 Indicate Exactly How Application Is To Be Restricted [R-3]
815 Make Requirement Complete [R-3]
817 Outline of Letter for Restriction Requirement [R-5]
818 Election and Reply [R-3]
818.01 Election Fixed by Action on Claims
818.02 Election Other Than Express
818.02(a) By Originally Presented Claims
818.02(b) Generic Claims Only - No Election of Species [R-3]
818.02(c) By Optional Cancellation of Claims
818.03 Express Election and Traverse [R-3]
818.03(a) Reply Must Be Complete
818.03(b) Must Elect, Even When Re-quirement Is Traversed [R-3]
818.03(c) Must Traverse To Preserve Right of Petition [R-3]
818.03(d) Traverse of Restriction Requirement With Linking Claims [R-3]
819 Office Generally Does Not Permit Shift [R-3]
821 Treatment of Claims Held To Be Drawn to Nonelected Inventions [R-3]
821.01 After Election With Traverse [R-3]
821.02 After Election Without Traverse [R-3]
821.03 Claims for Different Invention Added After an Office Action [R-3]
821.04 Rejoinder [R-3]
821.04(a) Rejoinder Between Product Inventions; Rejoinder Between Process Inventions [R-5]
821.04(b) Rejoinder of Process Requiring an Allowable Product [R-5]
822 Claims to Inventions That Are Not Distinct in Plural Applications of Same Inventive Entity [R-3]
822.01 Copending Before the Examiner [R-3]
823 Unity of Invention Under the Patent Cooperation Treaty [R-3]